Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 3517 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 23 

bridge across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Plaquemines 

Parish, Louisiana. The deviation is 

necessary to facilitate movement of 

vehicular traffic for the 2011 N’Awlins 

Air Show, to be held at the U.S. Naval 

Air Station, Joint Reserve Base at Belle 

Chasse, Louisiana. This deviation 

allows the bridge to remain closed to 

navigation for several hours on three 

afternoons to allow for the movement of 

vehicular traffic. 

DATES: This deviation is effective from 

3:30 p.m. on Friday, May 6, 2011 until 

7:45 p.m. on Sunday, May 8, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1141 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David Frank, Bridge 

Administration Branch; telephone 504– 

671–2128, e-mail 

David.m.frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Department of the Navy requested a 

temporary deviation from the 

regulations governing the State Route 23 

vertical lift span drawbridge. The 

change accommodates the additional 

volume of vehicular traffic that the 

N’Awlins Air Show generates each year. 

A large number of the public is expected 

to attend the Naval Air Station Open 

House and Air Show on each day. The 

change allows for the expeditious 

dispersal of the heavy volume of 

vehicular traffic expected to depart the 

Naval Air Station, Joint Reserve Base 

following the event. This year, the event 

is being held on the weekend of May 6– 

8, 2011. This temporary deviation will 

allow the bridge to remain in the closedto-navigation position from 3:30 p.m. 

until 6:45 p.m. on Friday, May 6, 2011 

and from 3:30 p.m. until 7:45 p.m. on 

Saturday, May 7, 2011 and Sunday, May 

8, 2011. 

In accordance with 33 CFR 

117.451(b), the bridge currently opens 

on signal; except that, from 6 a.m. to 

8:30 a.m. and from 3:30 p.m. to 5:30 

p.m. Monday through Friday, except 

Federal holidays, the draw need not be 

opened for the passage of vessels. 

The State Route 23 vertical lift span 

drawbridge across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Louisiana has 

a vertical clearance of 40 feet above 

mean high water in the closed-tonavigation position and 100 feet above 

mean high water in the open-tonavigation position. Navigation on the 

waterway consists primarily of tugs 

with tows, commercial fishing vessels, 

and occasional recreational craft. 

Mariners may use the Gulf Intracoastal 

Waterway (Harvey Canal) to avoid 

unnecessary delays. 

The Coast Guard has coordinated the 

closure with waterway users, industry, 

and other Coast Guard units. It has been 

determined that this closure will not 

have a significant effect on vessel traffic; 

however, the bridge can be opened in an 

emergency. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 3, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–1197 Filed 1–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2005–0031; FRL–9255–1] 

RIN 2060–AQ46 

Standards of Performance for FossilFuel-Fired, Electric Utility, IndustrialCommercial-Institutional, and Small 

Industrial-Commercial-Institutional 

Steam Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the new source 

performance standards for electric 

utility steam generating units and 

industrial-commercial-institutional 

steam generating units. This action 

amends the testing requirements for 

owners/operators of steam generating 

units that elect to install particulate 

matter continuous emission monitoring 

systems. It also amends the opacity 

monitoring requirements for owners/ 

operators of affected facilities subject to 

an opacity standard that are exempt 

from the requirement to install a 

continuous opacity monitoring system. 

In addition, this action corrects several 

editorial errors identified from previous 

rulemakings. 

DATES: This final rule is effective on 

March 21, 2011 without further notice, 

unless EPA receives adverse comment 

by February 22, 2011. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that some 

or all of the amendments to the affected 

subparts will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0031, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov, or 

fellner.christian@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: EPA Docket Center (EPA/DC), 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center, EPA West, Room 3334, 

1301 Constitution Avenue, NW., 

Washington, DC 20004. Such deliveries 

are accepted only during the Docket’s 

normal hours of operation (8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays), and special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0031. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 


jlentini on DSKJ8SOYB1PROD with RULES
3518 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Christian Fellner, Energy Strategies 

Group, Sector Policies and Programs 

Division (D243–01), U.S. EPA, Research 

Triangle Park, NC 27711, telephone 

number (919) 541–4003, Fax number 

(919) 541–5450, electronic mail (e-mail) 

address: fellner.christian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The information presented in this 

preamble is organized as follows: 

I. Why is EPA using a direct final rule? 

II. Does this action apply to me? 

III. Where can I get a copy of this document? 

IV. Why are we amending the rule? 

V. What amendments are we making to the 

rule? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Why is EPA using a direct final rule? 

We are publishing this rule without a 

prior proposed rule because we view 

this as a non-controversial action and 

anticipate no adverse comment. As 

explained in section IV, this action 

amends the testing requirements for 

owners/operators of steam generating 

units that elect to install particulate 

matter continuous emission monitoring 

systems (PM CEMS). This action also 

amends the opacity monitoring 

requirements for owners/operators of 

affected facilities subject to an opacity 

standard that are exempt from the 

requirement to install a continuous 

opacity monitoring system (COMS). In 

addition, this action corrects several 

editorial errors identified from previous 

rulemakings. These amendments do not 

change the technical standards for 

owners/operators of affected facilities 

nor result in the imposition of any costs 

beyond those included in the final rule. 

Other issues raised by petitioners for 

reconsideration of the January 28, 2009, 

rulemaking will be addressed in a future 

rule proposal to provide opportunity for 

public comment on any additional 

revisions to subparts D, Da, Db, or Dc of 

40 CFR part 60. 

Because this is an amendment of 

regulatory language through a rule 

action, a rule redline has been created 

of the current rule with the 

amendments. The redline document is 

in the docket to aid the public to read 

and comment on the specific changes to 

the regulatory text, which will be 

promulgated by this direct final action. 

However, in the ‘‘Proposed Rules’’ 

section of this Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule for 

amending the regulatory text in the new 

source performance standards (NSPS) 

for electric utility steam generating units 

and industrial-commercial-institutional 

steam generating units if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If we receive adverse comment on this 

direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

amendments in this rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does this action apply to me? 

The regulated categories and entities 

potentially affected by this direct final 

rule include, but are not limited to, the 

following: 

Category NAICS1 Examples of regulated entities 

Industry ................................................. 221112 Fossil fuel-fired electric utility steam generating units. 

Federal Government ............................. 22112 Fossil fuel-fired electric utility steam generating units owned by the Federal 

Government. 

State/local/tribal government ................ 22112 Fossil fuel-fired electric utility steam generating units owned by municipalities. 

921150 Fossil fuel-fired electric utility steam generating units located in Indian Country. 

Any industrial, commercial, or institutional facility using a steam generating unit as defined in 60.40b or 

60.40c.

211 Extractors of crude petroleum and natural gas. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refiners and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 3519 

Category NAICS1 Examples of regulated entities 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational Services. 

1 North American Industry Classification System (NAICS) code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this final rule. To 

determine whether your facility is 

regulated by this final rule, you should 

examine the applicability criteria in 

§ 60.40, § 60.40Da, § 60.40b, or § 60.40c 

of 40 CFR part 60. If you have any 

questions regarding the applicability of 

this final rule to a particular entity, 

contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

III. Where can I get a copy of this 

document? 

In addition to the docket, an 

electronic copy of this final action will 

be available on the Worldwide Web 

(WWW) through the Technology 

Transfer Network (TTN). Following 

signature, a copy of this final action will 

be posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

IV. Why are we amending the rule? 

EPA published a final rule in the 

Federal Register on January 28, 2009 

(74 FR 5072), that amended 40 CFR part 

60, subparts D, Da, Db, and Dc to add 

compliance, recordkeeping, and 

reporting requirements for owners/ 

operators of certain affected facilities. 

After promulgation, EPA received a 

petition for reconsideration of certain 

provisions of the amended rule from the 

Utility Air Regulatory Group (UARG). 

UARG also filed a petition for review 

with the United States Court of Appeals 

for the District of Columbia Circuit. EPA 

granted UARG’s petition for 

reconsideration and intends to address 

the issues raised in the petition through 

a subsequent rulemaking. This direct 

final action addresses two specific 

issues raised by UARG. First, UARG 

asserts that the condensable PM testing 

requirements for owners/operators of 

subpart Da affected facilities that elect 

to install PM CEMS to determine 

compliance with an applicable filterable 

PM standard are technically problematic 

in a number of respects and are not 

necessary in light of other actions taken 

by EPA subsequent to the promulgation 

of the January 2009 amendments. 

Second, UARG asserts that there is 

confusion regarding the implementation 

of the amended opacity monitoring 

provisions requiring owners/operators 

of affected subpart D facilities that are 

subject to an opacity standard, but do 

not use a COMS to measure opacity, to 

perform periodic visible emissions 

performance testing using EPA Method 

9. This direct final rule amends specific 

provisions in subparts D and Da to 

address these issues. (The direct final 

rule also amends parallel provisions in 

subparts Db and Dc requiring owners/ 

operators of affected facilities that are 

subject to an opacity standard, but do 

not use a COMS to measure opacity, to 

perform periodic visible emissions 

performance testing using EPA Method 

9.) None of these changes will affect 

EPA’s ability to implement and enforce 

the emission standards as EPA 

intended. The rationale for the 

amendments made by this direct final 

rulemaking follows. 

For the reasons discussed below, this 

direct final rule eliminates the 

condensable PM testing requirement 

added by the January 2009 rulemaking. 

The January 2009 rulemaking added a 

condition to subparts D, Da, Db, and Dc 

that requires owners/operators electing 

to use a PM CEMS, in lieu of a COMS, 

to conduct performance tests for 

condensable PM emissions during the 

correlation testing runs of the PM CEMS 

required by Performance Specification 

11. The existing subparts D, Da, Db, and 

Dc do not include specific emissions 

standards for condensable PM. The 

inclusion of this requirement in the 

January 2009 amendments was an initial 

attempt by EPA to begin collecting data 

on the condensable PM component of 

total PM. As EPA explained in the 

preamble to the January 2009 final rule, 

EPA intended to use the data collected 

to determine if the condensable PM 

emissions from steam generating units 

have significant health and/or 

environmental impacts, and whether 

condensable PM should be included in 

future amendments to the PM standards 

under subparts Da, Db, and Dc (74 FR 

5074, January 28, 2009). 

Subsequent to the January 2009 

rulemaking, EPA distributed to existing 

facilities operating electric utility steam 

generating units a comprehensive 

information collection request (ICR) to 

collect data to support various rule 

development directives. This ICR 

included a requirement for selected 

respondents to conduct, and submit the 

results of, tests for condensable PM 

emissions by September 2010. We have 

concluded that the data collected 

pursuant to this ICR will provide 

sufficient data to perform a condensable 

PM analysis. Therefore, the condensable 

PM testing requirement added to 

subparts D, Da, Db, and Dc through the 

January 2009 rulemaking is no longer 

required, and creates an unnecessary 

additional testing burden for affected 

owners/operators. Consequently, we are 

amending the rules to remove the 

requirement for owners/operators 

electing to use a PM CEMS, in lieu of 

a COMS, to conduct performance tests 

for condensable PM emissions during 

the correlation testing runs for the PM 

CEMS. 

The January 2009 rulemaking 

exempted the owners/operators of 

certain affected facilities subject to 

subparts D, Da, Db, or Dc from the 

requirement to use COMS to measure 

opacity but not the otherwise applicable 

opacity standard. These affected sources 

must conduct periodic opacity 

observations using Method 9, Method 

22, or the results from digital opacity 

compliance systems to demonstrate 

compliance with the applicable opacity 

standard (§ 60.45, § 60.49Da, § 60.48b, 

and § 60.47c of 40 CFR part 60). The 

requirement to monitor compliance 

with the opacity standard is an essential 

aspect of the NSPS. However, the 

implementation of the monitoring 

provisions as promulgated in the 

January 2009 rulemaking warrants 

clarification in a number of respects. 

First, the existing regulations require the 

owners/operators of affected sources 

with opacity readings above levels 

specified in the rule to conduct a new 

Method 9 test every 30 calendar days. 

This requirement potentially conflicts 

with the requirement in the general 

provisions (40 CFR part 60, subpart A) 

for an owner/operator to provide written 

notice to EPA at least 30 calendar days 


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3520 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

before the date on which the owner/ 

operator intends to conduct a 

performance test (40 CFR 60.8(d)). Thus, 

the regulations as written could 

potentially cause problems for owners/ 

operators of affected facilities trying to 

meet the notification deadline. 

Second, the opacity monitoring 

requirements, as written, were effective 

immediately for owners/operators of 

affected facilities subject to an opacity 

standard that are exempt from the 

COMS requirement. The amended 

regulatory text does not, however, 

specify a deadline by which new 

sources must complete the initial 

opacity performance test. In addition, 

since the required opacity testing or 

monitoring frequency depends on the 

results of the last performance test, there 

was some question as to when the first 

post January 2009 promulgation opacity 

reading needed to be completed by 

affected facilities already subject to the 

NSPS. 

In addition to these issues specifically 

identified by the petitioner, EPA 

recognized another issue regarding the 

monitoring requirements. Consistent 

with the provisions of subparts D and 

Da prior to the January 2009 

rulemaking, all steam generating units 

subject to either subpart D or Da must 

meet an opacity standard regardless of 

the fuel burned in the unit. The heat 

recovery steam generator (HRSG) 

portion of natural gas-fired combined 

cycle power plants can be subject to 

subpart D or Da. In cases where natural 

gas-fired duct burners are used to boost 

the temperature of the hot exhaust gases 

from the stationary combustion turbine 

entering the HRSG, the HRSG may be an 

affected facility that could be subject to 

subpart D or Da. Consequently, as an 

unintended result of the January 2009 

rulemaking, some HRSGs using duct 

burners at combined cycle power plants 

became subject to the added 

requirements for opacity monitoring. 

Prior to the January 2009 rulemaking, 

State permitting authorities often 

imposed only minimal opacity 

monitoring requirements for these units. 

It was not our intent to require regular 

opacity monitoring from all natural gasfired affected facilities. 

We are planning to propose 

amendments to the opacity monitoring 

requirements in these subparts to 

address the issues raised by petitioners 

for reconsideration, as well as the issue 

regarding natural gas-fired affected 

facilities, thereby providing an 

opportunity for public comment on 

EPA’s approach to resolving the issues. 

In the interim, we are taking a number 

of steps in this direct final rule to 

immediately address these issues. First, 

to allow time to meet the notification 

deadline in the General Provisions, this 

direct final rule amends the minimum 

time between Method 9 performance 

tests from 30 to 45 days. The extended 

testing deadline will still maintain the 

intent of frequent observations and will 

also provide a reasonable amount of 

time in which to comply with the 

notification requirement and conduct 

the performance test. Second, this direct 

final rule establishes a deadline of April 

29, 2011, for owners/operators who 

have not already done so to implement 

the opacity monitoring requirements for 

all affected facilities subject to opacity 

standards that are exempt from the 

COMS requirement. This date is over 2 

years after the publication of the final 

amendments and will provide owners/ 

operators of affected facilities that are 

not yet monitoring opacity sufficient 

time to begin the required monitoring. 

Any owners/operators of affected 

facilities that are currently meeting the 

opacity testing and monitoring 

provisions of the January 2009 

amendments are expected to continue to 

meet the promulgated monitoring 

schedule. Finally, to reduce 

unnecessary performance testing, 

subparts D and Da are amended to give 

the permitting authority the ability to 

exempt owners/operators of affected 

facilities burning only natural gas from 

the periodic opacity monitoring 

requirements. 

The remaining amendments included 

in this direct final rule are correcting 

previous editorial mistakes made in the 

text to subparts D, Da, and Db. These 

errors were only recently identified. 

First, we are correcting an incorrect 

reference in paragraph 60.42(c) of 

subpart D. The regulatory text currently 

exempts owner/operators of affected 

facilities subject to subpart D that elect 

to use PM CEMS from the opacity 

standard if they also elect to comply 

with the relevant sulfur dioxide (SO2) 

standard in paragraph 60.43Da(a) of 

subpart Da. However, as discussed in 

the preamble to the final rule (74 FR 

5073), EPA intended to exempt owners/ 

operators of subpart D affected facilities 

from the opacity standard if they elect 

to use PM CEMS and also elect to 

comply with the filterable PM standards 

in paragraph 60.42Da(a) of subpart Da. 

Second, we are adding the following as 

a new second sentence in paragraph 

60.48Da(c): ‘‘The sulfur dioxide 

emission standards under § 60.43Da 

apply at all times except during periods 

of startup, shutdown, or when both 

emergency conditions exist and the 

procedures under paragraph (d) of this 

section are implemented.’’ This sentence 

was included in the original 1979 

rulemaking (44 FR 33616), but was 

unintentionally deleted during the 2005 

promulgation of the Clean Air Mercury 

Rule (70 FR 28606) and subsequent 

rulemakings carried the deletion 

forward and failed to add the sentence 

back. Third, we are amending subpart 

Db by adding back paragraph 

60.42b(k)(4) which the Federal Register 

inadvertently deleted in publishing the 

January 2009 final rule (74 FR 5072). 

Paragraph 60.42b(k)(4) was added to 

subpart Db in 2007 (72 FR 32745), and 

in the January 2009 final rule we 

amended paragraphs (k)(1) through 

(k)(3), but intended to leave (k)(4) as it 

existed prior to the amendments. The 

paragraph was, however, 

unintentionally dropped when the rule 

was published in the Federal Register. 

V. What amendments are we making to 

the rule? 

The applicable paragraphs in subparts 

D, Da, Db, and Dc in 40 CFR part 60 are 

amended to delay until April 29, 2011, 

the implementation of a requirement for 

owners/operators of affected facilities 

subject to an opacity standard that do 

not use a COMS to conduct periodic 

opacity observations. In addition, the 

applicable paragraphs in subparts D and 

Da are amended to give the permitting 

authority the ability to exempt owners/ 

operators of affected facilities burning 

only natural from the periodic opacity 

monitoring requirements. 

The applicable paragraphs in subparts 

Da, Db, and Dc in 40 CFR part 60 are 

amended to delete the condition for an 

owner/operator that elects to use a PM 

CEMS, in lieu of a COMS, to conduct 

condensable PM performance tests 

during the correlation testing runs of the 

CEMS required by Performance 

Specification 11. 

Subpart D in 40 CFR part 60 is 

amended to correct the reference in 

§ 60.42(c) from § 60.43Da(a) to 

§ 60.42Da(a). As discussed above, this 

change will implement the original 

intent of the rule that owners/operators 

of subpart D affected facilities electing 

to use PM CEMS be exempt from the 

opacity standard if they also elect to 

comply with the PM, not the SO2, 

standard in subpart Da. 

Subpart Da in 40 CFR part 60 is 

amended to correct the unintentional 

deletion of a sentence from § 60.48Da(c) 

by reinstating the original provision 

which specified that the SO2 emission 

standards under § 60.43Da apply at all 

times except during periods of startup, 

shutdown, or when both emergency 

conditions exist. 

Finally, subpart Db in 40 CFR part 60 

is amended to correct the unintentional 


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Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 3521 

deletion of a paragraph from 

§ 60.42Da(k) by reinstating the original 

provision under § 60.42Da(k)(4). The 

provision provides an alternative SO2

emission standard of not emitting any 

gases that contain SO2 in excess of 87 

nanograms per joule (ng/J) (0.20 lb/ 

million British thermal unit (MMBtu)) 

heat input or 10 percent (0.10) of the 

potential SO2 emission rate (90 percent 

reduction) and 520 ng/J (1.2 lb/MMBtu) 

heat input for modified facilities that 

combust coal or a mixture of coal with 

other fuels. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, 

exempt from review under 12866. EPA 

has concluded that the amendments 

EPA is promulgating will not change the 

costs or benefits of this direct final rule. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

final amendments result in no changes 

to the information collection 

requirements of the existing standards 

of performance and will have no impact 

on the information collection estimate 

of projected cost and hour burden made 

and approved by the Office of 

Management and Budget (OMB) during 

the development of the existing 

standards of performance. Therefore, the 

information collection requests have not 

been amended. However, OMB has 

previously approved the information 

collection requirements contained in the 

existing standards of performance (40 

CFR part 60, subparts D, Da, Db, and Dc) 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., at 

the time the standards were 

promulgated on June 11, 1979 (40 CFR 

part 60, subpart Da, 44 FR 33580), 

November 25, 1986 (40 CFR part 60, 

subpart Db, 51 FR 42768), and 

September 12, 1990 (40 CFR part 60, 

subpart Dc, 55 FR 37674). OMB 

assigned OMB control numbers 2060– 

0023 (ICR 1053.07) for 40 CFR part 60, 

subpart Da, 2060–0072 (ICR 1088.10) for 

40 CFR part 60, subpart Db, 2060–0202 

(ICR 1564.06) for 40 CFR part 60, 

subpart Dc. OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of these final amendments on small 

entities, small entity is defined as: 

(1) A small business as defined by the 

Small Business Administration’s 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this direct final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 USC 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This direct final rule reduces testing 

requirements for owner/operators of 

affected facilities using PM CEMS and 

allows reduced opacity monitoring for 

owner/operators of natural gas-fired 

affected facilities. We have therefore 

concluded that today’s direct final rule 

will relieve regulatory burden for all 

affected small entities. 

D. Unfunded Mandates Reform Act 

This direct final rule does not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year. Thus, these final 

amendments are not subject to the 

requirements of sections 202 or 205 of 

the Unfunded Mandates Reform Act 

(UMRA). 

This direct final rule is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments because the burden is 

small and the regulation does not 

unfairly apply to small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. These 

amendments will not impose substantial 

direct compliance costs on State or local 

governments, and they will not preempt 

State law. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

These final amendments do not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). These final 

amendments will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. Thus, 

Executive Order 13175 does not apply 

to the final amendments. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health and safety risks, such 

that the analysis required under section 

5–501 of the Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it is based solely on technology 

performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 


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3522 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d)(15 U.S.C. 272 note) directs us 

to use voluntary consensus standards in 

our regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., material specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs us to 

provide Congress, through OMB, 

explanations when we decide not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve any new 

technical standards or the incorporation 

by reference of existing technical 

standards. Therefore, the consideration 

of voluntary consensus standards is not 

relevant to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

final rulemaking. New Source 

Performance Standards are technologybased standards intended to promote 

use of the best air pollution control 

technologies, taking into account the 

cost of such technology and any other 

non-air quality, health, and 

environmental impact and energy 

requirements at a broad national level. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing these final 

amendments and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the final 

rules in the Federal Register. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

These final amendments will be 

effective on March 21, 2011. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: January 7, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 60 of 

the Code of Federal Regulations is 

amended as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—[Amended] 

■ 2. Section 60.42 is amended by 

revising the last sentence in paragraph 

(c) to read as follows: 

§ 60.42 Standard for particulate matter 

(PM). 

* * * * * 

(c) * * * If the Administrator grants 

the petition, the source will from then 

on (unless the unit is modified or 

reconstructed in the future) have to 

comply with the requirements in 

§ 60.42Da(a) of subpart Da of this part. 

■ 3. Section 60.45 is amended as 

follows: 

■ a. By revising paragraph (b)(7) 

introductory text; 

■ b. By revising paragraph (b)(7)(i)(D); 

and 

■ c. By revising the last sentence of 

paragraph (b)(7)(ii)(A). 

§ 60.45 Emissions and fuel monitoring. 

* * * * * 

(b) * * * 

(7) An owner or operator of an 

affected facility subject to an opacity 

standard under § 60.42 that elects to not 

use a COMS because the affected facility 

burns only fuels as specified under 

paragraph (b)(1) of this section, 

monitors PM emissions as specified 

under paragraph (b)(5) of this section, or 

monitors CO emissions as specified 

under paragraph (b)(6) of this section, 

shall conduct a performance test using 

Method 9 of appendix A–4 of this part 

and the procedures in § 60.11 to 

demonstrate compliance with the 

applicable limit in § 60.42 by April 29, 

2011 or within 45 days after stopping 

use of an existing COMS, whichever is 

later, and shall comply with either 

paragraph (b)(7)(i), (b)(7)(ii), or (b)(7)(iii) 

of this section. The observation period 

for Method 9 of appendix A–4 of this 

part performance tests may be reduced 

from 3 hours to 60 minutes if all 6- 

minute averages are less than 10 percent 

and all individual 15-second 

observations are less than or equal to 20 

percent during the initial 60 minutes of 

observation. The permitting authority 

may exempt owners or operators of 

affected facilities burning only natural 

gas from the opacity monitoring 

requirements. 

(i) * * * 

(D) If the maximum 6-minute average 

opacity is greater than 10 percent, a 

subsequent Method 9 of appendix A–4 

of this part performance test must be 

completed within 45 calendar days from 

the date that the most recent 

performance test was conducted. 

(ii) * * * 

(A) * * * If the sum of the occurrence 

of visible emissions is greater than 5 

percent of the observation period (i.e., 

90 seconds per 30 minute period), the 

owner or operator shall either document 

and adjust the operation of the facility 

and demonstrate within 24 hours that 

the sum of the occurrence of visible 

emissions is equal to or less than 5 

percent during a 30 minute observation 

(i.e., 90 seconds) or conduct a new 

Method 9 of appendix A–4 of this part 

performance test using the procedures 

in paragraph (b)(7) of this section within 

45 calendar days according to the 

requirements in § 60.46(b)(3). 

* * * * * 

Subpart Da—[Amended] 

■ 4. Section 60.48Da is amended by 

revising paragraph (c) to read as follows: 

§ 60.48Da Compliance provisions. 

* * * * * 

(c) The PM emission standards under 

§ 60.42Da and the NOX emission 

standards under § 60.44Da apply at all 

times except during periods of startup, 

shutdown, or malfunction. The sulfur 

dioxide emission standards under 

§ 60.43Da apply at all times except 

during periods of startup, shutdown, or 

when both emergency conditions exist 


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Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 3523 

and the procedures under paragraph (d) 

of this section are implemented. 

* * * * * 

■ 5. Section 60.49Da is amended as 

follows: 

■ a. By revising paragraph (a)(3) 

introductory text; 

■ b. By revising paragraph (a)(3)(ii)(D); 

■ c. By revising the last sentence of 

paragraph (a)(3)(iii)(A); and 

■ d. By removing paragraph (v)(2)(ii); 

and 

■ e. By redesignating paragraph 

(v)(2)(iii) as paragraph (v)(2)(ii). 

§ 60.49Da Emission monitoring. 

(a) * * * 

(3) The owner or operators of an 

affected facility that meets the 

conditions in paragraph (a)(2) of this 

section may, as an alternative to using 

a COMS, elect to monitor visible 

emissions using the applicable 

procedures specified in paragraphs 

(a)(3)(i) through (iv) of this section. The 

opacity performance test requirement in 

paragraph (a)(3)(i) must be conducted by 

April 29, 2011, within 45 days after 

stopping use of an existing COMS, or 

within 180 days after initial startup of 

the facility, whichever is later. The 

permitting authority may exempt 

owners or operators of affected facilities 

burning only natural gas from the 

opacity monitoring requirements. 

* * * * * 

(ii) * * * 

(D) If the maximum 6-minute average 

opacity is greater than 10 percent, a 

subsequent Method 9 of appendix A–4 

of this part performance test must be 

completed within 45 calendar days from 

the date that the most recent 

performance test was conducted. 

(iii) * * * 

(A) * * * If the sum of the occurrence 

of visible emissions is greater than 5 

percent of the observation period (i.e., 

90 seconds per 30 minute period), the 

owner or operator shall either document 

and adjust the operation of the facility 

and demonstrate within 24 hours that 

the sum of the occurrence of visible 

emissions is equal to or less than 5 

percent during a 30 minute observation 

(i.e., 90 seconds) or conduct a new 

Method 9 of appendix A–4 of this part 

performance test using the procedures 

in paragraph (a)(3)(i) of this section 

within 45 calendar days according to 

the requirements in § 60.50Da(b)(3). 

* * * * * 

Subpart Db—[Amended] 

■ 6. Section 60.42b is amended by 

adding paragraph (k)(4) to read as 

follows: 

§ 60.42b Standard for sulfur dioxide (SO2). 

* * * * * 

(k) * * * 

(4) As an alternative to meeting the 

requirements under paragraph (k)(1) of 

this section, modified facilities that 

combust coal or a mixture of coal with 

other fuels shall not cause to be 

discharged into the atmosphere any 

gases that contain SO2 in excess of 87 

ng/J (0.20 lb/MMBtu) heat input or 10 

percent (0.10) of the potential SO2

emission rate (90 percent reduction) and 

520 ng/J (1.2 lb/MMBtu) heat input. 

■ 7. Section 60.46b is amended by 

removing paragraph (j)(11)(ii) and 

redesignating paragraph (j)(11)(iii) as 

paragraph (j)(11)(ii). 

■ 8. Section 60.48b is amended as 

follows: 

■ a. By revising paragraph (a) 

introductory text; 

■ b. By revising paragraph (a)(1)(iv); and 

■ c. By revising the last sentence of 

paragraph (a)(2)(i). 

§ 60.48b Emission monitoring for 

particulate matter and nitrogen oxides. 

(a) Except as provided in paragraph (j) 

of this section, the owner or operator of 

an affected facility subject to the opacity 

standard under § 60.43b shall install, 

calibrate, maintain, and operate a 

continuous opacity monitoring system 

(COMS) for measuring the opacity of 

emissions discharged to the atmosphere 

and record the output of the system. The 

owner or operator of an affected facility 

subject to an opacity standard under 

§ 60.43b and meeting the conditions 

under paragraphs (j)(1), (2), (3), (4), or 

(5) of this section who elects not to use 

a COMS shall conduct a performance 

test using Method 9 of appendix A–4 of 

this part and the procedures in § 60.11 

to demonstrate compliance with the 

applicable limit in § 60.43b by April 29, 

2011, within 45 days of stopping use of 

an existing COMS, or 180 days after 

initial startup of the facility, whichever 

is later, and shall comply with either 

paragraphs (a)(1), (a)(2), or (a)(3) of this 

section. The observation period for 

Method 9 of appendix A–4 of this part 

performance tests may be reduced from 

3 hours to 60 minutes if all 6-minute 

averages are less than 10 percent and all 

individual 15-second observations are 

less than or equal to 20 percent during 

the initial 60 minutes of observation. 

(1) * * * 

(iv) If the maximum 6-minute average 

opacity is greater than 10 percent, a 

subsequent Method 9 of appendix A–4 

of this part performance test must be 

completed within 45 calendar days from 

the date that the most recent 

performance test was conducted. 

(2) * * * 

(i) * * * If the sum of the occurrence 

of visible emissions is greater than 5 

percent of the observation period (i.e., 

90 seconds per 30 minute period), the 

owner or operator shall either document 

and adjust the operation of the facility 

and demonstrate within 24 hours that 

the sum of the occurrence of visible 

emissions is equal to or less than 5 

percent during a 30 minute observation 

(i.e., 90 seconds) or conduct a new 

Method 9 of appendix A–4 of this part 

performance test using the procedures 

in paragraph (a) of this section within 

45 calendar days according to the 

requirements in § 60.46d(d)(7). 

* * * * * 

Subpart Dc—[Amended] 

■ 9. Section 60.45c is amended by 

removing paragraph (c)(11)(ii) and 

redesignating paragraph (c)(11)(iii) as 

paragraph (c)(11)(ii). 

■ 10. Section 60.47c is amended as 

follows: 

■ a. By revising paragraph (a) 

introductory text; 

■ b. By revising paragraph (a)(1)(iv); and 

■ c. By revising the last sentence of 

paragraph (a)(2)(i). 

§ 60.47c Emission monitoring for 

particulate matter. 

(a) Except as provided in paragraphs 

(c), (d), (e), (f), and (g) of this section, 

the owner or operator of an affected 

facility combusting coal, oil, or wood 

that is subject to the opacity standards 

under § 60.43c shall install, calibrate, 

maintain, and operate a continuous 

opacity monitoring system (COMS) for 

measuring the opacity of the emissions 

discharged to the atmosphere and 

record the output of the system. The 

owner or operator of an affected facility 

subject to an opacity standard in 

§ 60.43c(c) that is not required to use a 

COMS due to paragraphs (c), (d), (e), or 

(f) of this section that elects not to use 

a COMS shall conduct a performance 

test using Method 9 of appendix A–4 of 

this part and the procedures in § 60.11 

to demonstrate compliance with the 

applicable limit in § 60.43c by April 29, 

2011, within 45 days of stopping use of 

an existing COMS, or 180 days after 

initial startup of the facility, whichever 

is later, and shall comply with either 

paragraphs (a)(1), (a)(2), or (a)(3) of this 

section. The observation period for 

Method 9 of appendix A–4 of this part 

performance tests may be reduced from 

3 hours to 60 minutes if all 6-minute 

averages are less than 10 percent and all 

individual 15-second observations are 

less than or equal to 20 percent during 

the initial 60 minutes of observation. 


jlentini on DSKJ8SOYB1PROD with RULES
3524 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

(1) * * * 

(iv) If the maximum 6-minute average 

opacity is greater than 10 percent, a 

subsequent Method 9 of appendix A–4 

of this part performance test must be 

completed within 45 calendar days from 

the date that the most recent 

performance test was conducted. 

(2) * * * 

(i) * * * If the sum of the occurrence 

of visible emissions is greater than 5 

percent of the observation period (i.e., 

90 seconds per 30 minute period), the 

owner or operator shall either document 

and adjust the operation of the facility 

and demonstrate within 24 hours that 

the sum of the occurrence of visible 

emissions is equal to or less than 5 

percent during a 30 minute observation 

(i.e., 90 seconds) or conduct a new 

Method 9 of appendix A–4 of this part 

performance test using the procedures 

in paragraph (a) of this section within 

45 calendar days according to the 

requirements in § 60.45c(a)(8). 

* * * * * 

[FR Doc. 2011–1008 Filed 1–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities affected 

Ashley County, Arkansas, and Incorporated Areas 

Docket No.: FEMA–B–1085 

Snake Creek ............................. Approximately 1,400 feet downstream of Main Street ........ +131 City of Crossett. 

Approximately 1,200 feet downstream of Main Street ........ +131 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 


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